Kapil Bhuiya @ Tapeshwar Bhuiya @ Tapeshar Rikiyasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47607 of 2019 Arising Out of PS. Case No.-10 Year-2014 Thana- SALAIYA District- Aurangabad ====================================================== KAPIL BHUIYA @ TAPESHWAR BHUIYA @ TEPESHAR RIKIYASHAN, Son of Ramdev Bhuiya, Resident of Village - Dugul Tola Jagaroop Bigha, P.S.- Kasma, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with S.Tr. No. 556/2018/417/2018 arising out of Salaiya P.S. Case No. 10 of 2014 (G.R. No. 389/14), registered for the offence punishable under Sections 147, 148, 149, 341, 307, 353, 124 A of the Indian Penal Code, Sections 25 (1-b) a, 26, 35 of Arms Act, Section 3⁄4 of E.S. Act and 17 of C.L.A. Act.

As per FIR allegation against the petitioner and other accused persons of indiscriminate firing on the police personnel. Learned counsel for the petitioner submits that co-accused have been granted bail by the Co-ordinate Bench of this Court vide order dated 09.01.2015 in Cr. Misc. No. 31452 of 2014,

Patna High Court CR. MISC. No.47607 of 2019(5) dt.03-02-2020 2/2 order dated 10.12.2015 in Cr. Misc. No. 49574 of 2015 and order dated 02.04.2019 in Cr. Misc. No. 17189 of 2019. On behalf of the APP has opposed the prayer of bail, it is submitted that the petitioner is not named in the FIR of 2014, he is accused in three other cases and due to none appearance the trial has been delayed.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail.

Accordingly, this application is dismissed with liberty to the petitioner to renew his prayer for bail after framing of charge.

(Vinod Kumar Sinha, J) amitkumar/- U T